Illocutionary Acts in Speech-Act Theory

In speech-act theory, the term illocutionary act refers to the use of a sentence  to express an attitude with a certain function or force, called an  illocutionary force, which differs from locutionary acts in that they carry a certain urgency and appeal to the meaning and direction of the speaker.   Although illocutionary acts are commonly made explicit by the use of performative verbs  like promise or request, they can often be vague as in someone saying Ill be there, wherein the audience cannot ascertain whether the speaker has made a promise or not. In addition, as Daniel R. Boisvert observes in Expressivism, Nondeclarative, and Success-Conditional Semantics that we can use sentences to warn, congratulate, complain, predict, command, apologize, inquire, explain, describe, request, bet, marry, and adjourn, to list just a few specific kinds of illocutionary act. The terms  illocutionary act  and  illocutionary force  were introduced by British linguistic philosopher John  Austin in 1962s How to Do Things With Words, and for some scholars, the term illocutionary act  is virtually synonymous with speech act. Locutionary, Illocutionary, and Perlocutionary Acts Acts of speech can be broken down into three categories: locutionary, illocutionary, and perlocutionary acts. In each of these, too, the acts can either be direct or indirect, which quantify how effective they are at conveying the speakers message to its intended audience. According to Susana Nuccetelli and Gary Seays Philosophy of Language: The Central Topics, locutionary acts are the mere act of producing some linguistic sounds or marks with a certain meaning and reference, but these are the least effective means of describing the acts, merely an umbrella term for the other two which can occur simultaneously. Speech acts can therefore further be broken down into illocutionary and perlocutionary wherein the illocutionary act carries a directive for the audience, such as promising, ordering, apologizing and thanking. Perlocutionary acts, on the other hand, bring about consequences to the audiences such as saying I will not be your friend. In this instance, the impending loss of friendship is an illocutionary act while the effect of frightening the friend into compliance is a perlocutionary act. Relationship Between Speaker and Listener Because perlocutionary and illocutionary acts depend on the audiences reaction to a given speech, the relationship between speaker and listener is important to understand in the context of such acts of speech. Etsuko Oishi wrote in Apologies, that the importance of the speakers intention in performing an illocutionary act is unquestionable, but, in communication, the utterance becomes an illocutionary act only when the hearer takes the utterance as such. By this, Oishi means that although the speakers act may always be an illocutionary one, the listener can choose to not interpret that way, therefore redefining the cognitive configuration of their shared outer world. Given this observation, the old adage know your audience becomes especially relevant in understanding discourse theory, and indeed in composing a good speech or speaking well in general. In order for the illocutionary act to be effective, the speaker must use language which his or her audience will understand as intended.

Essay about The Vietnam War - 647 Words

The Vietnam War Sources A, B, C, E, H and I all support and say that the Americans lost the Vietnam War because of the mistakes they made. Source A talks about how President Johnson ordered the bombings of North Vietnam which got America involved too much in Vietnam which meant that he should have invaded the North. Johnson was not a ruthless man and the bombings he did were half-hearted and limited. The air force had told him that they would succeed only if there was heavy and continuous bombing but he refused. The big mistake that Johnson made and this source talks about is just giving the initial orders to bomb North Vietnam. Source B says the Johnson got America heavily committed in†¦show more content†¦Source E talks about the US mistake of using napalm in villages and blasting villages without any warning if they were trying to win the local support. If they wanted support they shouldnt kill the vegetation and deform the people because this would not make them give the US their sup port. This was a major mistake they made of not getting the local people in their confidence. This proved to be a major obstacle as they progressed through the war. Source H tells us that the television and radio coverage of the war played a bit part in their defeat. It tells us that the media showed all the events that were happening in a different way, which got all the local people to think differently and to think about how pointless it was fighting the war, as they werent achieving anything. Source I supports the statement as it shows anti-war demonstrations done by a student. It shows how people back home are upset about what the US government is doing. It talks about how the government was ignoring these demonstrations and calling them burns. This source shows how unpopular the war was in the US and how the local people disliked it. The government also ignored what happened as a consequence of their war. Source F doesnt support the statement. Source F talks about how the US troops were ordered to fire at anything they thought was aShow MoreRelatedThe War Of Vietnam And The Vietnam War1525 Words   |  7 PagesThe war in Vietnam is The United States and other capitalist bloc countries supported South Vietnam (Republic of Vietnam) against the support by the Soviet Union and other socialist bloc countries of North Vietnam (Democratic Republic of Vietnam) and the Vietcong of war. Which occurred during the Cold War of Vietnam (main battlefield), Laos, and Cambodia. This is the biggest and longtime war in American history during the 1960s (Best 2008). It is also the most significant war after World War IIRead MoreThe Vietnam War On Vietnam1725 Words   |  7 PagesThe War on Vietnam Many believe that the way Americans entered the war against the North Vietnam communists was unjust. The United States got into a war that they had no clue on how to win. â€Å"The Vietnam War was a long, costly armed conflict that pitted the communist regime of North Vietnam and its southern allies, known as the Viet Cong, against South Vietnam and its principal ally, the United States. The divisive war, increasingly unpopular at home, ended with the withdrawal of U.S. forces in 1973Read MoreThe Vietnam War : Vietnam1170 Words   |  5 PagesBeyond Vietnam. The Vietnam War is one of the most traumatic episodes in the history of the United States. Not only because it ended with a defeat for the United States Army, but because unleashed the largest wave of protests in the country, in which the government lost support. Extended over more than a decade, between 1959 to April 30 of 1975, although the US intervened in 1965, in which American soldiers experienced in firsthand scenes of destruction and death. During the Vietnam War clashedRead MoreThe Vietnam War Of Vietnam920 Words   |  4 Pages1940’s Vietnam was trying to break free of French reign over their country. During this time period Vietnam was split into two parts, north and south. The Japanese had decided to take over Vietnam in 1942. They couldn’t capture all of Vietnam, so they decided to retreat. North Vietnam proclaimed independence on September 2, 1945 as the Democratic Republic of Vietnam. The State of Vietnam declared independence on June 14, 1949, but rema ined under French rule until August 1, 1954. South Vietnam was theRead MoreVietnam And The Vietnam War1711 Words   |  7 Pages â€Æ' The Vietnam War was one of the bloodiest wars in the history of Vietnam. Vietnam use to be a peaceful country until the idea of communism started spreading across Vietnam. Many wanted to stay democratic but saw what happened to the Germans and started to lean towards communism. Many also wanted to stay democratic and still had it hopes high that it will soon get their lives and economy back on track. It later exploded into a huge argument and then leads to a civil war spurring between NorthRead MoreThe Vietnam War Of Vietnam952 Words   |  4 Pageswords that describe the Vietnam War. The Vietnam War had 240 days of combat in one year. World War II had forty days of combat in four years(Interesting Facts). That statistic shows how rough the Vietnam War was. The fighting was constant between the two sides. This war was fought over politics and had many gruesome battles. Before the Vietnam war, Vietnam was in a revolution because they did not want to be ruled by France. Vietnam wanted to be independent right after World War II ended in 1945. JapanRead MoreThe Vietnam War Of Vietnam1534 Words   |  7 Pages The Vietnam War began November 1st, 1955 and ended April 30th, 1975. It was a long costly war that involved North Vietnam and their Southern allies, known as Viet Cong, against South Vietnam and its main ally the United States. This war was very unpopular at home and would end with the withdrawal of the United States and the unification of Vietnam under communist control. Many think of war as something that just men are involved in but very rarely do people think of the role of women in the warRead MoreThe Vietnam War Of Vietnam1573 Words   |  7 PagesA. The Vietnam War occurred from 1955-1975, this included the North and South fighting over government structure of the newly independent state of Vietnam, having recently become independent f rom France. However, the USA was in Vietnam as a sort of protection for the South Vietnamese people, who had a weaker army force, but only a few thousand Americans were in Vietnam for that purpose at the time. On August 7, 1964, the USA entered the war for the purpose of fighting the North Vietnamese due toRead MoreThe Vietnam War Of Vietnam2003 Words   |  9 PagesThe Vietnam War in Vietnam, Laos, and Cambodia lasted from November 1st, 1955 to around April 30th, 1975. The war was split up between two sides, North Vietnam, who were allied with the Soviet Union, China, and most of the communist countries during this time period, and South Vietnam, who were allied with the United States and many countries that were against the belief of Communism. Although the United States did not necessarily have to get involved in the war, they believed that they had too soRead MoreVietnam And The Vietnam War1987 Words   |  8 PagesIn 1945, at the end of WWII, Vietnam started their war for ind ependence against their colonial rulers, France. Nine years after the start of the First Indochina War, the French were defeated at Dien Bien Phu which led to a peace conference in Geneva. At the conference, Laos, Cambodia, and Vietnam received their independence from France. However, Vietnam was divided between a Communist North and a Democratic South. In 1958, Communist- supported guerrillas in South Vietnam, known as the Viet Cong, began

An Ethical Dilemma Residential Aged Care

Question: Discuss about theAn Ethical Dilemmafor Residential Aged Care. Answer: Introduction An ethical dilemma is a situation in which one finds difficult to handle and often calls for an apparent mental conflict between moral laws, whereby choosing to abide by one would lead to transgressing the other. An ethical dilemma, in this case, is a situation, in which a registered nurse (RN) on duty insists on taking Elsie to the hospital because of her deteriorated health condition, and further, the paramedics attempted resuscitation despite the fact that Elsie did not want it done on her. Unfortunately, Elsie died upon arrival to the emergency department. As a result, Elsies family sues the RN, the paramedics and the Residential Aged Care (RAC) facility for taking Elsie to the hospital against her will, making her stressed leading to her death. The scenario presents different stakeholders: Two healthcare professionals the RN and the paramedics, the RAC facility, the family members and the student studying the course. What follows in this discussion, therefore, is the ethical an d legal conflicts of the scenario, and how they would be resolved in a legal and ethical manner. Ethical and Legal Conflicts Ethical Conflicts In this setting, there are several potential sources of conflicts. The American Nurses Association Code of Ethics (2001) guides nursing practice in the U.S. It guides the duties and the ethical obligations of persons within the nursing profession. According to the Code, there is a conviction that nursing encompasses the prevention of illness, the alleviation of suffering, and the protection, promotion, and restoration of health in the care of individuals, families, groups and communities (p.5). In this regard, nurses are obliged to adhere to the beliefs and values presented in code. However, nurses in a rehabilitation setting work together with diverse individuals each from different disciplines, with its unique set of values and beliefs to guide the professionals (Jimnez-Herrera Axelsson, 2015). Despite the fact that these disciplines could have common beliefs and values like to respect the humanness, and the individual being attended to, there are differences in how to deliver the services. According to Savage, Parson, Zollman Kirschner (2009), this can lead to a source of conflict. For example, the fact that the RN thought it was right to take Elsie to the hospital does not mean that she could find treatment there because she had not filled the advanced care directive. In this situation, a physical therapist at the hospital could refuse to attend to Elsie because according to the professions code of ethics it would be unethical to do what the patient does not want. Thus, it becomes an ethical conflict between the RN and the physical therapist at the hospital. Another possible source of an ethical conflict is the expectations and beliefs of the consumer according to the regulatory requirements. A governing body for rehabilitation known as the Commission on Accreditation on Rehabilitation Facilities calls for its team to involve and respect the decisions of the individuals they are serving throughout the recovery process (Holm Severinsson, 2014). If at all the patients and the family members refuse recommendations or treatments from the healthcare provider, then there is a possibility for a moral dilemma to the healthcare personnel. A moral dilemma only transpires when there are two or more moral principles that apply but support mutually contradictory actions (Hopia, Lottes Kanne, 2016). For example, the RN and the paramedics in the case believed it was right for Elsie to be treated. However, Elsie asked them to leave her the way she was. It becomes a difficult situation to the RN and the paramedics, and they decide to carry on with resu scitation which did not work. Legal Conflicts Healthcare realm has become more and more litigious with patients expecting perfect results each time they attend care. However, requirements extend even beyond care and treatment to insurance authorization, licensure, regulations for healthcare organization accreditation, and privacy of healthcare information. Besides, they permeate daily practice and form a framework for providing care (Holm Severinsson, 2014). Additionally, the Joint Commission for Accreditation of Healthcare Organizations surveys institutions whether ambulatory, hospitals, rehabilitation, hospice, among others, offering health care and awards accreditation upon meeting its standards, which get divided into three broad categories. One is the patient-focused functions such as patients rights. Two is the organization focused functions such as prevention and control of infection and management of the environment of care. Three is structures having features like management, medical staff, and nursing. Other than that , the controlled health care environment often has some hidden sources of legal conflicts; that is, the restrictions and the requirements of what should be done, when and by whom (Kangasniemi, Pakkanen Korhonen, 2015). In the case of Elsie, a legal conflict arises because Elsie had already discussed with her family that she did not want any aggressive treatment or resuscitation done on her. However, the registered nurse insisted on doing what she thought was right. As a result, a legal conflict arises between the healthcare professionals and the family members, who claim that the RN and the paramedics are the causes of Elsies death. Their reason for this is that their actions made the patient stressed up because it was against her will. Impact of the Conflict on Stakeholders Human Dignity and Human Rights Of course, patient care is an essential aspect of a human right to health. It values both attention and scrutiny. Instead of appropriate care, healthcare providers and patients may face a variety of abuses that insult human dignity and jeopardize health outcomes (Rosoff Leong, 2015). They range from violations of patients rights to confidentiality, privacy, informed consent, and non-discrimination to other abuses which are inhuman, cruel and degrade treatment. Likewise, the health care providers may face violations like sanctions for offering evidence-based healthcare, unsafe working conditions, denial of due process in case a client complains about them, and limits on the freedom of association. Based on the conflicts mentioned in the above scenario, there are vast violations of human rights. For example, the conflicts violate the nurses right to practice in a way that satisfies their duties to the community and the patient. Other than that, they violate the patients right to refus e treatment which affects her care. Principles of Healthcare Ethics In the society today, there are different values outlined in the Constitution providing the foundation for the society. Besides, there are four guiding principles of healthcare ethics: autonomy, beneficence and nonmaleficence, veracity and justice (Tomi?-Petrovi?, 2015). Autonomy is the obligation to allow a person the right to make a decision (Rosoff Leong, 2015). Conflicts occurred when the individuals served to make decisions that collide with that of the healthcare professionals. An example is that of Elsie whereby she refuses treatment which the RN believes in not safe for her. The autonomy principle, however, indicates that the health care personnel must respect what the patient wants (Tomi?-Petrovi?, 2015). Beneficence, on the other hand, is the obligation to do good, while nonmaleficence is the requirement to do no harm. In this case, the nurse is expected to choose what is right when in a state of treatment options. Veracity offers the duty to truthful and provides the nece ssary information to the patient. In a situation where providing medication would be beneficial but has some significant risk, then it would be important, to tell the truth to the patient in a manner that the patient would understand (Sabatino, Kangasniemi, Rocco, Alvaro Stievano, 2016). Lastly, justice is the responsibility of being fair. Health care services rely on the decisions about type, payer, duration of treatment and frequency. However, insurance carriers come in with more expensive packages which favor other individuals, though not all. Thus, the question is, is justice served or not? Virtues Informing the Healthcare Professions The professional virtues that do not relate more to the medical science but relate more to the patients experience of illness are imagination, hope, and continuity of care, witnessing, listening, presence and respect (Snelling, 2016). Therefore, to deal with a complex problem, a doctor has to come up with a coherent story, which helps more to cope than to cure. Clinical care relies on how a teller and a listener relate, and how the audience respectfully and attentively listens to the story (Berghout, Exel, Leensvaart Cramm, 2015). Therefore, a medical professional in Elsies case would try to explain to the family that it is not right for a normal human being to sit and watch a patient die, while there is something that can be done to save the patients life. Aside from that, the family should understand that there are laws that govern the nursing profession, and they had to abide by them, failure to which they would be answerable to the law. Codes of Ethics and Professional Conduct The Code of ethics and professional conduct in healthcare identifies core values for the profession and creates the standards of conduct as expected by nurses in practice (Bostock-Cox, 2015). It serves as a guide to help the ethical decisions that the health care professionals face, providing them with a framework to regulate their practice (Sutcliffe, 2011). According to the case study, the relevant codes of ethics are: Nurses should respect the clients informed decision to refuse care. Nurses should find consent for the nursing interventions when required and collaborate with the other health care personnel to get consent for treatment. In case clients are not able to make decisions on their own, they should seek permission from the family members. Nurses should provide the necessary care unless states otherwise. Resolution The success of the decision making in the conflict resolution policy depends heavily on how well the process got done about providing healthcare to the patient (Dubler Liebman, 2004). It is evident that the medics were the de facto champions that must commit to embracing conflict resolution, therefore, must be supported by all the parties involved. For effective adoption and implementation of the conflict resolution policy, a thorough process of educating the medics needs to get developed. On the other hand, if RN refuses to provide health care violates the patients right to healthcare. Therefore, providing treatment must be considered as the correct thing to do. Ethically, if the RN could have stopped the medics from responding to the distress call from Elsie, she or he could have faced patients coercion while providing treatment because of the fear of objectionable consequences from the family. Although, it is nice to respect and acknowledge the positive decisions made by RN and the medics, the rights of the patient also need to be considered (Kangasniemi, Vaismoradi, Jasper Turunen, 2013). With open, transparent communication, patient involvement, and cooperation healthcare conflict can get transformed into a safer one. Moreover, the health institution that is involved in the conflict must try in cooperating steps such as conducting an organization conflict assessment, providing training in conflict management and prevention among others. Additionally, the patients family must be involved in any action taken by the patient. Furthermore, if the situation is not easy as was in the case of Elsie, a more formal process such as mediation can h elp. Solving such conditions calls for the involved parties to sit down together and talk about the issue. Legally all the parties need to follow healthcare policies. Otherwise, the professional voice of the RN attending to the patient, honest feelings of the paramedics, and the bilateral discussion of the clinical action proposals can also prevail. Moreover, the family needs to know that the paramedics have a privilege and professional obligation of assisting the patient. On the other hand, to solve such conflicts, there must be; structured communication and collaboration as well as formal mediation. It is evident that the best way to resolve problems is to bring together the affected parties so that they may talk through their dilemma. With effective communication and collaboration, there is a satisfactory resolution of the differences. Therefore, working collaboratively decreases the risk of patient outcomes. To conclude with, an organization ought to have a well-developed system that can help in the management of the healthcare conflict (Morreim, 2015). Health institution must deviate from secretive, and blame focused formations on developing cultures of openness and learning that require all of the skills of collaboration and communication. A well-equipped health center has to incorporate effective conflict management principles and processes into their culture. Moreover, cultures that help in managing conflict positively and prioritize continuing education and training in conflict resolution equip themselves with essential means on how to solve patient safety dilemma. Further, it is vital to bring to the table the right parties, and if the problem persisted, then a mediator should come in. References American Nurses Association. (2001). Code of ethics for nurses with interpretive statements. Washington, DC: Author. Berghout, M., van Exel, J., Leensvaart, L., Cramm, J. M. (2015). Healthcare professionals' views on patient-centered care in hospitals. BMC Health Services Research, 15(1), 1-13. Bostock-Cox, B. (2015). The Nursing and Midwifery Code: Making it work for you and your patients. Practice Nurse, 45(4), 34-37. Dubler, N. N., Liebman, C. B. (2004). Bioethics: Mediating Conflict in the Hospital Environment. Dispute Resolution Journal, 59(2), 32-39. Holm, A. L., Severinsson, E. (2014). Reflections on the ethical dilemmas involved in promoting self-management. Nursing Ethics, 21(4), 402-413. Hopia, H., Lottes, I., Kanne, M. (2016). Ethical concerns and dilemmas of Finnish and Dutch health professionals. Nursing Ethics, 23(6), 659-673. Jimnez-Herrera, M. F., Axelsson, C. (2015). Some ethical conflicts in emergency care. Nursing Ethics, 22(5), 548-560. Kangasniemi, M., Vaismoradi, M., Jasper, M., Turunen, H. (2013). Ethical issues in patient safety: Implications for nursing management. Nursing Ethics, 20(8), 904-916. Kangasniemi, M., Pakkanen, P., Korhonen, A. (2015). Professional ethics in nursing: an integrative review. Journal Of Advanced Nursing, 71(8), 1744-1757. Morreim, H. (2015). Conflict Resolution in the Clinical Setting: A Story Beyond Bioethics Mediation. Journal Of Law, Medicine Ethics, 43(4), 843-856. Rosoff, P. M., Leong, K. M. (2015). An Ethical and Legal Framework for Physicians as Surrogate Decision-Makers for Their Patients. Journal Of Law, Medicine Ethics, 43(4), 857-877. Sabatino, L., Kangasniemi, M. K., Rocco, G., Alvaro, R., Stievano, A. (2016). Nurses perceptions of professional dignity in hospital settings. Nursing Ethics, 23(3), 277-293. Savage, T. A., Parson, J., Zollman, F., Kirschner, K. L. (2009). Rehabilitation team disagreement: Guidelines for resolution. Physical Medicine and Rehabilitation, 1, 10911097. Snelling, P. C. (2016). The metaethics of nursing codes of ethics and conduct. Nursing Philosophy, 17(4), 229-249. Sutcliffe, H. (2011). Understanding the NMC code of conduct: a student perspective. Nursing Standard, 25(52), 35-39. Tomi?-Petrovi?, N. M. (2015). Moral responsibility of healthcare personnel. Vojnosanitetski Pregled: Military Medical Pharmaceutical Journal Of Serbia, 72(1), 77-81

Understanding Company Law

Question: Discuss about the Understanding Company Law Australian legal system. Answer: Prepare a consultative report In this case, Xiaojing, Lance and Nick want to work together for operating their herbal product business. For running the business, they have decided to explore the unincorporated business structures, particularly if partnership and a joint venture. Generally, people are confused regarding a partnership and a joint venture. They do not know if a difference is present between these two. The result is that sometimes these two terms are used interchangeably. Also on the face of it, these two terms may appear to be the same but the fact is that certain differences are present between the two. Even if it is difficult to differentiate partnership and a joint venture, however, there are certain key differences present between them. It also needs to be mentioned at this point that under the common law, the term joint venture does not have a certain meaning in Australia. The result is that there is no precisely a definition of a joint venture. However there are certain characteristics on the basis of which it can be said that a particular agreement is a joint venture (United Dominion Corporation Ltd v Brian, 1985). A joint venture can be described as an agreement that has been concluded between two or more individuals or legal entities, where the parties have decided to work together for the achievement of the same strategic goal. But at the same time, maintaining a separate business entities. In this case, each of the party will be liable for the debts that have been incurred by such a party in the project and, generally, at the end of the project, they will divide the profit between themselves (Pentony, Graw, Lennard Parker, 2009). Typically there is a return to joint venture agreement, which governs the relationship between the parties. There are several long-term and short-term projects, for which the parties may decide to enter a joint venture. Some of the examples of the joint ventures include property development, publishing agreements, mining syndicates and research and development agreements. A joint venture provides certain advantages to the parties, regardless of the size of the business. This is due to the reason that the following types of arrangements can allow the growth of the business without the need for seeking outside investment or borrowing money, the expansion of the business, developing new products and services, gaining access to additional resources like specialist staff or technology, and in this case, there is only a temporary commitment towards each other. Therefore, if a joint venture has been structured properly, it can prove to be highly profitable. They can be used by the parties to collaborate on short-term projects and also for strengthening the long-term projects (Lipton, Herzberg and Welsh, 2016). However there are certain disadvantages associated with the joint ventures. These disadvantages include the difficulty in finding the right people and creating a trusting and strong relationship. Similarly, it is important that the objective, terms and goals of the venture are clearly understood by the parties so that there is no conflict between the business partners. In some cases, the business partners may not commit to the project to the level that is required for the success of the joint venture. A joint venture is governed by the terms of the agreement. At the same time, the provisions of contract law and common law are also applicable to a joint venture. On the other hand, if a separate legal entity has been incorporated for this purpose, it will be the one by the Corporations Act, 2001 (Cth). In comparison, a partnership can be described as an ongoing relationship between the parties. Generally, the number of partners is limited to 20. However, as against the company, a partnership is not a separate legal entity. Therefore each partner can be held liable for the actions of the other partners (Harris, Hargovan and Adams, 2015). This can be described as a major difference that is present between a joint venture and a partnership, as in this case the partners are jointly and severally liable for the activities of the other partners. Therefore, in case of a partnership, a partner can be held responsible for the debts of the partnership, in case the partners are not in a position to pay. Similarly, another difference that exists between a partnership and the joint venture is that the joint venture does not manage an ongoing relationship, and generally in this case it has a definitive end. On the other hand, a partnership is an ongoing relationship. The legislation that is appl icable in case of a partnership is the Partnership Act. A partnership agreement provides certain benefits to the parties. These benefits include the easy establishment of a partnership and lower startup cost. A partnership provides a chance to split the income of the business. Whenever required, the business structure can be changed quickly. In case of a partnership, less external regulations applicable as compared to a company. Similarly, the business affairs of a partnership are private (Vermeesch and Lindgren, 2005). But at the same time, the business structure of a partnership also has some disadvantages. In case of a partnership, each partner is considered as being jointly and severally responsible for the debts of the business. Similarly, each partner can be held liable regarding the actions of the other partners. The profits of the business have to be shared with the other partners and other major disadvantage. In case of a partnership is of unlimited liability. On the basis of the above-mentioned discussion, it can be said that the business structure of a partnership will be more appropriate for Xiaojing, Lance and Nick. The reason is that in case of a partnership, there is an ongoing relationship between the parties. On the other hand, a joint venture has a pre-decided date when it comes to an end. As in this case, the parties are going to operate a horrible product business, it will be appropriate for them to create a partnership. References Harris, J. Hargovan, A. Adams, M. (2015) Australian Corporate Law LexisNexis Butterworths 5th edition Lipton P, Herzberg A and Welsh, M, (2016) Understanding Company Law, 18th edition Thomson Reuters. Pentony, Graw, Lennard Parker, (2009) Understanding Business Law 3rd ed Butterworths Vermeesch, R B, Lindgren, K E, (2005) Business Law of Australia Butterworths, 11th Edition Case Law United Dominion Corporation Ltd v Brian (1985) 157 CLR 1 Legislation Corporations Act, 2001